Reps: Sanusi’s suspension is unconstitutional

The suspension of Central Bank of Nigeria (CBN) governor Sanusi Lamido Sanusi by President Goodluck Jonathan is unconstitutional, the House of Representatives said yesterday.

The issue generated a row on the floor of the House.

Supporters and opponents of the suspension brought proceedings to a halt at plenary.

President Goodluck Jonathan early yesterday suspended the CBN governor and replaced him with Dr Sarah Alade in acting capacity.

At the end of the debate, which divided the House between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), the lawmakers mandated the committees on Justice and Legislative Compliance to compile the resolutions of the House which indicted public officers but to which the President refused to act. The House urged the President to act on them expeditiously.

Trouble started when Minority Whip Samson Osagie, as he moved a motion under Matters of Urgent National Interest, asked that the House declare the President’s action “illegal” and “unconstitutional”.

The lawmaker noted that the CBN Act 2007, as amended, gives no provision empowering the President or anybody to suspend the CBN governor.

He said: “Only Section 11(7) of the Act gives the President powers to remove the CBN governor, subject to the approval of two-thirds majority of the Senate.”

Osagie expressed concern that the suspension “was coming at a time the CBN governor has made allegations of missing funds or funds unremitted into the Federation Accounts”.

The lawmaker said the allegation of recklessness, for which Sanusi was suspended, did not indicate whether or not the ex-CBN governor was given fair hearing, in accordance with the constitution.

He noted that “the National Assembly has made numerous resolutions bordering on corruption against certain public officers for which the President has refused to act”.

Osagie said: “Uncertainty has already crept into the stock market with the dollar immediately appreciating against the Naira. Market stakeholders are worried about the action.

“In a democracy, the rule of law, and not the rule of man, is the only condition that can guarantee freedom and protection of the rights of the citizen.”

But Deputy Majority Leader Leo Ogor (PDP, Delta) said the action of the President was in order.

He said the suspension was a process that would lead to the removal of Sanusi, as stipulated in the CBN Act.

“For you to remove somebody, there has to be a process. The suspension is the beginning of that,” Ogor said.

The lawmaker queried the legality of the action of the President’s action.

He said: “I am concerned about its legality. Whilst it can be argued that an employer has the right to suspend an employee, the question here is whether this is a suspension or a removal in the guise of suspension.”

Gbajabiamila stressed that the suspension was an attack on CBN’s autonomy as well as a setback to the fight on corruption.

He said: “For good reasons, a CBN governor the world over is independent and autonomous. To remove him, you need confirmation and buy-in of the Senate. You cannot do it through the back door. If you read carefully the reasons advanced by the Presidency, then it becomes clear that this is a removal and not a suspension. Therefore, it is illegal and unconstitutional.

“It becomes more worrisome when you consider the timing, based on the fact that the CBN governor has just blown the lid off a monumental scandal involving the disappearance of $20 billion from our coffers. “The message being sent out is not the best. There can be no worse attack on the autonomy of the apex financial institution as envisaged by the constitution. For God’s sake, the man only has three months left!”

Pally Iriase (Edo, APC) told reporters that President Jonathan should list the allegations of “various acts of financial recklessness and misconduct” he said were the reasons for the CBN governor’s suspension.

The lawmaker said the suspension was hasty and could reduce foreign investors’ confidence in the nation’s economy.

He said: “We have been talking about impunity. This is yet another show of impunity by this administration. The suspension is personal and is not unconnected with the recent disclosure of missing money from the NNPC.

“It is a clear case of ‘if you cannot shut him up, ship him out’. It should be condemned in its totality.”

Iriase faulted the assertion that Sanusi had been doing the bidding of the APC by embarrassing the government with disclosures of missing oil revenue.

He said: “If the bidding of APC is to have a robust economy, a responsible government that is corruption-free, then Nigerians should be happy. Sanusi’s suspension is simply a case of the administration shooting itself in the foot.”